Dependency Law Finder

1. Heart of Adoptions, Inc. v. J.A. 963 So. 2d 189 · SC07-738 · Florida Supreme Court 2007

   This opinion cites § 63.062 63 times: (1), (1)(b)1., (2), (2)(b), (2)(b)1., (2)(b)2., (2)(b)3., (2)(d), (3), (3)(a), (3)(b), and the section generally

   · cited by 114 in all courts

   …may be terminated based on his failure to file a claim with the Florida Putative Father Registry only if the father was served with notice under section 63.062(3)(a), Florida Statutes (2005), and he fails to comply with the requirements of that subsection within the thirty-day period. By construing the statute in this…

2. D.S. v. J.L. 18 So. 3d 1103 · 1D09-1233 · 1st DCA 2009

   This opinion cites § 63.062 54 times: (1)(b)5., (2), (2)(b), (2)(b)2., (3), and the section generally

   …of his biological child and a companion order terminating his access to the child. Appellant argues that the trial court erred in determining that section 63.062(2)(b)2, Florida Statutes (2008), requires strict compliance to the extent that his timely filing of a notarized letter and subsequent filing of an affidavit were…

3. D.S. v. J.L. 18 So. 3d 1103 · 1D09-1233-2 · 1st DCA 2009

   This opinion cites § 63.062 54 times: (1)(b)5., (2), (2)(b), (2)(b)2., (3), and the section generally

   · cited by 3 in all courts

   …of his biological child and a companion order terminating his access to the child. Appellant argues that the trial court erred in determining that section 63.062(2)(b)2, Florida Statutes (2008), requires strict compliance to the extent that his timely filing of a notarized letter and subsequent filing of an affidavit were…

4. In re Adoption of Baby A. 944 So. 2d 380 · 2D05-3614 · 2nd DCA 2006

   This opinion cites § 63.062 27 times: (1), (1)(b)1., (1)(b)3., (1)(b)5., (2)(a), (2)(b), (2)(b)1., (2)(b)2., (2)(d), (3)(a), and the section generally

   · cited by 6 in all courts

   …termination proceeding. It is undisputed that Judge Fleming ordered Gift of Life to serve A.S. with a notice of intended adoption plan pursuant to section 63.062(3)(a) and thus to inform him of the proceedings, although no written order to this effect appears in our record. Section 63.062(3)(a) states that an adoption…

5. B.B. v. P.J.M. 933 So. 2d 57 · 1D05-0510 · 1st DCA 2006

   Reversed & remanded This opinion cites § 63.062 25 times: (1), (1)(b), (1)(b)3., (1)(b)5., (2), (2)(b), (2)(d), and the section generally

   · cited by 3 in all courts

   Adoption by grandparents reversed over a dissent: the unmarried father was established as the father through the dependency proceeding, so his consent was required.

   …We agree. The Persons Required to Consent to Adoption The persons required to consent to an adoption of a minor child are enumerated under section 63.062(1). The father's consent is required when any one of the following five conditions are satisfied: 1. The minor was conceived or born while the father was…

6. K.D. v. Gift of Life Adoptions, Inc. 17 So. 3d 1244 · 2D08-6403 · 2nd DCA 2009

   This opinion cites § 63.062 21 times: (1)(b), (2), (2)(a), (2)(a)1., (2)(b), (2)(b)2., (2)(d), (3)(a)

   …his rights to notice of any proceedings regarding *1245 N.M. and he would be deemed to consent to adoption: FURTHER, UNDER SECTION 63.062(2)(B)(2), YOU ARE HEREBY FURTHER NOTIFIED THAT WITHIN THIRTY (30) DAYS AFTER SERVICE OF THIS NOTICE UPON YOU, IF YOU DESIRE TO CONTEST THE BIRTH MOTHER’S ADOPTION…

7. Department of Children & Family Services v. P.S. 932 So. 2d 1195 · 1D05-4421 · 1st DCA 2006

   Reversed & remanded This opinion cites § 63.062 14 times: (7), and the section generally

   · cited by 6 in all courts

   Adoption by an out-of-state grandmother reversed because the court skipped DCF's consent, an unreasonably-withheld finding, and the required favorable preliminary adoptive home study.

   …chapter [63]." Another provision in chapter 63, Florida Statutes, addresses persons required to consent to adoption. The statutory language is as follows: 63.062 Persons required to consent to adoption; affidavit of nonpaternity; waiver of venue. — * * * (7) If parental rights to the minor have previously been…

8. J.H. v. K.D.M. 8 So. 3d 372 · 5D07-3688 · 5th DCA 2009

   This opinion cites § 63.062 12 times: (1), (2)(b), (2)(b)2., (6), and the section generally

   …Florida Statutes (2004), but fails to subsequently update his registration after he changed residences, necessarily waives the consent requirement of section 63.062(1), Florida Statutes (2004), and his right to notice of adoption and termination of parental rights proceedings when the petitioner has actual or constructive…

9. J.H. v. K.D.M. 8 So. 3d 372 · 5D07-3688-2 · 5th DCA 2009

   This opinion cites § 63.062 12 times: (1), (2)(b), (2)(b)2., (6), and the section generally

   · cited by 1 in all courts

   …Florida Statutes (2004), but fails to subsequently update his registration after he changed residences, necessarily waives the consent requirement of section 63.062(1), Florida Statutes (2004), and his right to notice of adoption and termination of parental rights proceedings when the petitioner has actual or constructive…

10. In re Baby R.P.S. 942 So. 2d 906 · 2D05-2582 · 2nd DCA 2006

    This opinion cites § 63.062 11 times: (1), (2)(d), and the section generally

    · cited by 1 in all courts

    …parental rights pending adoption pursuant to section 63.087. The trial court found that J.C.J.'s consent to adoption was not required here pursuant to section 63.062 because J.C.J. had failed to comply with section 63.054, which requires "an unmarried biological father" to "file a notarized claim of paternity form with the…

11. J.C.J. v. Heart of Adoptions, Inc. 942 So. 2d 906 · 2D05-2582-2 · 2nd DCA 2006

    This opinion cites § 63.062 11 times: (1), (2)(d), and the section generally

    · cited by 6 in all courts

    …parental rights pending adoption pursuant to section 63.087. The trial court found that J.C.J.’s consent to adoption was not required here pursuant to section 63.062 because J.C.J. had failed to comply with section 63.054, which requires “an unmarried biological father” to “file a notarized claim of paternity form with the…

12. B.Y. v. Department of Children & Families 887 So. 2d 1253 · SC04-258 · Florida Supreme Court 2004

    Reversed This opinion cites § 63.062 9 times: (1), (7)

    · cited by 56 in all courts

    Supreme Court quashed the district court: a trial court may finalize a relative's adoption without DCF consent when DCF unreasonably withholds it.

    …for the department's consent to adoptions of children in its custody are permissive, not mandatory. The department " may provide consent to the adoption." § 63.062(7), Fla. Stat. (2003) (emphasis added); see also id. § 39.812(1) ("The department may thereafter ... consent to the adoption....") (emphasis added). If the…

13. In re Baby H. 981 So. 2d 471 · 2D05-5058 · 2nd DCA 2007

    This opinion cites § 63.062 8 times: (2), (2)(b)1., (2)(d), and the section generally

    · cited by 1 in all courts

    …we held that in a proceeding on a petition for termination of parental rights pending adoption, a putative father's failure to meet the requirement of section 63.062(2), Florida Statutes (2004), for the filing of a notarized claim of paternity did not constitute a basis for terminating his parental rights. In J.C.J., we…

14. Children's Home Society of Florida v. V.D. 188 So. 3d 920 · 1D16-0021 · 1st DCA 2016

    This opinion cites § 63.062 7 times: (3), (3)(b)

    … Fla. Dep’t of Transp. v. Clipper Bay Invs., LLC, 160 So.3d 858, 862 (Fla.2015). The trial court erred in interpreting the governing statute, section 63.062(3) of the Florida Statutes, which provides in pertinent part as follows: [A]n adoption éntity shall serve'a notice of intended adoption plan upon any known…

15. K.H. v. Children's Home Society 120 So. 3d 104 · 4D13-1509 · 4th DCA 2013

    This opinion cites § 63.062 7 times: (2)(b), (2)(b)2., (2)(e), (3), (3)(a)

    · cited by 2 in all courts

    …child for adoption. CHS then initiated the underlying proceeding by filing its Notice of Intended Adoption Plan with the trial court. As required by section 63.062(3), Florida Statutes (2012), CHS served the putative father with the Notice of Intended Adoption Plan on September 17, 2012. The Notice advised him: 1) that he…

16. The Florida Bar v. Dove 985 So. 2d 1001 · SC05-302 · Florida Supreme Court 2008

    This opinion cites § 63.062 7 times: (1)(d)3., (6), and the section generally

    · cited by 3 in all courts

    …child has surrendered her parental rights by affidavit, and named a legal father. The legal father has surrendered his parental rights by affidavit." Cf. §§ 63.062(1)(d)3., 63.062(6), 63.088(2), Fla. Stat. (2002) (mandating that the petitioner conduct a good faith, diligent search and provide proper notice of a petition to…

17. S.D.T. v. Bundle of Hope Ministries, Inc. 949 So. 2d 1132 · 1D06-2137 · 1st DCA 2007

    This opinion cites § 63.062 6 times: (1)(b), (1)(b)3., (3)(a), and the section generally

    · cited by 1 in all courts

    …A., at the time the order was entered terminating appellant's parental rights, he did not fit into any of the categories of persons delineated in section 63.062(1)(b), Florida Statutes (2005), which specifies the conditions under which a father's parental rights may be terminated without his written consent. [2] As a…

18. S.M.K. v. S.L.E. 238 So. 3d 925 · 5D17-1751 · 5th DCA 2018

    This opinion cites § 63.062 5 times: (1), (2)

    · cited by 1 in all courts

    …terminating S.M.K's ("Father") parental rights, which deemed Father's consent unnecessary for the relative adoption of O.R.K. ("Child"), pursuant to section 63.062(2), Florida Statutes (2016). The trial court found that Father had abandoned Child. During the proceedings, Father's knowledge of Child's whereabouts was a…

19. S.M.K. v. S.L.E. 5D17-1751-2 · 5th DCA 2018

    This opinion cites § 63.062 5 times: (1), (2)

    …terminating S.M.K’s (“Father”) parental rights, which deemed Father’s consent unnecessary for the relative adoption of O.R.K. (“Child”), pursuant to section 63.062(2), Florida Statutes (2016). The trial court found that Father had abandoned Child. During the proceedings, Father’s knowledge of Child’s whereabouts was a…

20. A.S. v. Department of Children & Families 162 So. 3d 335 · 4D14-3571 · 4th DCA 2015

    Reversed & remanded This opinion cites § 63.062 5 times: (1)

    · cited by 4 in all courts

    Termination reversed: a prospective parent cannot abandon a child before paternity is established, his later visits showed regular contact, and least restrictive means was unproven.

    …defines a “parent” as: [A] woman who gives birth to a child and a man whose consent to the adoption of the child would be required under s. 63.062(1). If a child has been legally adopted, the term “parent” means the adoptive mother or father of the child. The term does not include . . . an…

21. Matter of Adoption of Doe 524 So. 2d 1037 · 5D87-1277 · 5th DCA 1988

    This opinion cites § 63.062 5 times: (1), (1)(b), and the section generally

    · cited by 9 in all courts

    …Adoption Pursuant to Florida's current statute governing adoptions (Chapter 63), the natural father's consent to this adoption was required. [11] Section 63.062(1)(b) provides that the natural father must give his written consent following the birth of the child, if he has filed an affidavit of paternity with the vital…

22. Roe v. Doe 524 So. 2d 1037 · DCA87-1277 · District Court of Appeal 1988

    This opinion cites § 63.062 5 times: (1), (1)(b), (1)(b)5.

    · cited by 1 in all courts

    …Adoption Pursuant to Florida’s current statute governing adoptions (Chapter 63), the natural father’s consent to this adoption was required. 11 Section 63.062(l)(b) provides that the natural father must give his written consent following the birth of the child, if he has filed an affidavit of paternity with the vital…

23. S.C. v. Gift of Life Adoptions 100 So. 3d 774 · 2D12-1757 · 2nd DCA 2012

    This opinion cites § 63.062 4 times: (2)(d), (2)(e), (3), (3)(a)1.a.

    · cited by 2 in all courts

    …to the birth of the child, S.C. was personally served with Notice of Intended Adoption Plan, Adoption Disclosure, and Acknowledgment as required by section 63.062(3), Florida Statutes (2011). The notice advised him that the mother intended to place the child up for adoption with Gift of Life Adoptions and that he, as the…

24. Department of Children & Family Services v. B.Y. 863 So. 2d 418 · 4D03-715 · 4th DCA 2003

    Reversed & remanded This opinion cites § 63.062 4 times: (1), (7), and the section generally

    · cited by 3 in all courts

    Adoption by the grandmother reversed because the trial court could not order DCF to consent or waive its final home study requirement.

    …be sufficient. (Emphasis added). Additionally, section 39.812(5) states that "[a] copy of the consent executed by the department as required under s. 63.062(7) must be attached to the petition." DCF maintains that the language of Chapter 39 clearly indicates that DCF consent is the sine qua non of adoption…

25. Matter of Adoption of Doe 543 So. 2d 741 · SC72593 · Florida Supreme Court 1989

    This opinion cites § 63.062 4 times: (1), and the section generally

    · cited by 48 in all courts

    …and medical expenses for an unwed natural mother who requires such assistance may constitute abandonment of the unborn child under chapter 63. Section 63.062(1) provides: (1) Unless consent is excused by the court, a petition to adopt a minor may be granted only if written consent has been executed after the birth…

26. T.R.-B. v. Department of Children & Families 3D21-1716 · 3rd DCA 2022

    Reversed This opinion cites § 63.062 3 times: (7)

    Denial of the grandmother's motion to intervene reversed; as long-time caregiver seeking adoption she had a direct interest and needed party status.

    …the petitioner filed her petition in the family court division to adopt D.W. In her adoption petition, the petitioner requested that, pursuant to section 63.062(7), Florida Statute (2021), the trial court find that DCF was unreasonably withholding its consent to her adoption of D.W. On January 11, 2021, DCF asked…

27. Gift of Life Adoptions v. S.R.B. 252 So. 3d 788 · 2D18-0100 · 2nd DCA 2018

    This opinion cites § 63.062 3 times: (2)(b)2., (3)(a), and the section generally

    · cited by 2 in all courts

    …proceeding. GLA then filed a motion for default, arguing that because S.R.B. failed to comply with the statutory requirements of sections 63.062(2)(b)(2) and (3)(a), Florida Statutes (2017), his handwritten responses were insufficient, and he had therefore waived and surrendered any rights to the child. The…

28. In re Amend. to the Fla. Family Law Forms 59 So. 3d 792 · SC08-2058 · Florida Supreme Court 2010

    This opinion cites § 63.062 3 times: (2), and the section generally

    …before the birth of the minor child. For more information about consenting to adoption, you should refer to Chapter 63, Florida Statutes, and sections 63.062 - 63.082, Florida Statutes, in particular. This form should be typed or printed in black ink. It must be signed in the presence of a notary public or deputy…

29. mmf/adoption Entity v. K.O. 4 So. 3d 39 · 1D08-5131 · 1st DCA 2009

    This opinion cites § 63.062 3 times: (9), and the section generally

    …directions that the trial court conduct an evidentiary hearing on the "court's motion" to transfer venue. We reverse the trial court's order under section 63.062(9), Florida Statutes, because the trial court had no authority to enter the order. Section 63.062, Florida Statutes, provides that a court may transfer venue of…

30. Justice Administrative Com'n v. Peterson 989 So. 2d 663 · 2D07-6075 · 2nd DCA 2008

    Certiorari / writ granted This opinion cites § 63.062 3 times: (1)

    · cited by 16 in all courts

    Order making the state pay appointed counsel for a nonparent grandfather custodian quashed because only indigent parents have a right to appointed counsel in dependency.

    …in section 39.01(48): "Parent" means a woman who gives birth to a child and a man whose consent to the adoption of the child would be required under s. 63.062(1). If a child has been legally adopted, the term "parent" means the adoptive mother or father of the child. The term does not include an individual whose…

31. J.C.J. v. Heart of Adoptions, Inc. 989 So. 2d 32 · 2D07-2679 · 2nd DCA 2008

    This opinion cites § 63.062 3 times: (2)(b)2., (2)(b)3., (3)(a)

    · cited by 4 in all courts

    …to the payment of living and medical expenses incurred for the mother's pregnancy and the child's birth in accordance with his ability to pay. § 63.062(2)(b)(2). Only if the father knew about the pregnancy must he have "paid a fair and reasonable amount of the expenses incurred in connection with the mother's…

32. S.K.R. v. Department of Children & Family Services 902 So. 2d 328 · 2D04-1704 · 2nd DCA 2005

    Reversed & remanded This opinion cites § 63.062 3 times: (1), and the section generally

    · cited by 3 in all courts

    Termination reversed because the mother's husband, the legal father, had standing to contest it and his consent was required.

    …the executions of consent to adoption. In the situation presented, the Legal Father had standing and, in fact, his consent was required pursuant to section 63.062(1), Florida Statutes (2003). That section provides that “a petition to terminate parental rights pending adoption may be granted only if written consent has been…

33. Guardian ad Litem Program v. T.M. 2D22-2501 · 2nd DCA 2022

    Reversed & remanded This opinion cites § 63.062 2 times: (1)

    Supplemental adjudication reversed because the trial court wrongly refused to consider on the merits the guardian ad litem's rule 8.270 challenge to a birth-certificate parent's status.

    …"parent" in pertinent part as "a woman who gives birth to a child and a man whose consent to the adoption of the child would be required under s. 63.062(1). The term 'parent' also means legal father as defined in this section." If the mother was not married to a man at the time of birth or conception…

34. V.R. v. Department of Children & Families 4D21-1550 · 4th DCA 2021

    Reversed & remanded This opinion cites § 63.062 2 times: (1), (1)(a)

    Denial of the adoption entity's motion to intervene reversed because section 63.082(6) requires only one parent's consent, and the father had consented.

    … 2 the mother’s surrender or consent to adoption was required for several reasons. First, the court examined section 63.062(1)(a) and noted that the mother was “the first person listed as to from whom consent must be sought” to adopt. Second, the court found the legislative intent…

35. A.M. v. D.S. 1D19-1855 · 1st DCA 2021

    Reversed & remanded This opinion cites § 63.062 2 times: (1), (2)

    Termination and permanent guardianship reversed because a Chapter 63 adoption-related case was decided under Chapter 39 without notice, violating the father's due process.

    …waiver after notice, or abandonment of child by biological father before 15 proceeding with hearing and TPR), and id. § 63.062(1), (2) (requiring written consent to adoption as condition precedent to granting TPR pending adoption, unless one or more grounds set out in section 63.089(3)…

36. Department of Children & Families v. Guardian ad Litem Program 186 So. 3d 1084 · 1D15-5563 · 1st DCA 2016

    Certiorari / writ granted This opinion cites § 63.062 2 times: (7)

    · cited by 2 in all courts

    Writ granted quashing an order limiting DCF to one prospective adoptive family; selecting the adoptive home exceeded the court's authority and separation of powers.

    …entity with which the minor has been placed for subsequent adoption may provide consent to the adoption. In such case, no other consent is required.” § 63.062(7), Fla. Stat. (2015). However, “[t]he consent of the department shall be waived upon a determination by the court that such consent is being unreasonably…

37. D.M.T. v. T.M.H. 129 So. 3d 320 · SC12-261 · Florida Supreme Court 2013

    This opinion cites § 63.062 2 times: (1)

    · cited by 37 in all courts

    …Florida Statutes, defines “[pjarent” as “a woman who gives birth to a child and a man whose consent to the adoption of the child would be required under s. 63.062(1),” and section 63.032(12), Florida Statutes, similarly defines “[pjarent” as “a woman who gives birth to a child and who is not a gestational surrogate as…

38. Adoptive Couple v. Baby Girl 570 U.S. 637 · US570-637 · U.S. Supreme Court 2013

    Reversed & remanded This opinion cites § 63.062 2 times, the section generally

    ICWA's continued-custody and active-efforts provisions do not bar termination where the Indian father never had custody, and adoption preferences apply only if others seek adoption.

    …(same); Conn. Gen. Stat. §§45–61d, 45–61i(b)(2) (1979) (natural father’s consent required if paternity acknowledged or judicially established); Fla. Stat. §63.062 (1979) (same); Ore. Rev. Stat. §§109.092, 109.312 (1975) (same); S. D. Codified Laws §§25–6–1.1, 25–6–4 (Allen Smith 1976) (natural father’s consent required…

39. R.H. v. Department of Children & Families 988 So. 2d 673 · 4D08-286 · 4th DCA 2008

    Affirmed This opinion cites § 63.062 2 times: (7)

    · cited by 3 in all courts

    Approval of DCF's chosen adoptive home affirmed; court reviews only appropriateness of DCF's selection, not competing petitions; relatives' petition to be dismissed.

    …court does not have the authority to place a child with another family. B.G.J.; L.R.; C.S. We also reject the H’s position that sections 39.812(5) and 63.062(7), Florida Statutes (effective July 1, 2004), effectuated a change in the law permitting the trial court to choose them as the adoptive placement. Nothing in…

40. S.J. ex rel. M.W. v. W.L. 755 So. 2d 753 · 4D99-2724 · 4th DCA 2000

    Affirmed This opinion cites § 63.062 2 times: (1), and the section generally

    Affirmed denial of siblings' motion to vacate a foster child's adoption; siblings who never lived with her lacked standing, and removal wasn't in her interest.

    …alternatively found that removing the child from her adoptive home would not be in her best interest. On the standing issue, the trial court stated: Section 63.062, Florida Statutes, sets out the requirements for who may be required to consent to an adoption. A sibling's consent is not required. Rule 1.230, Fla. R. Civ.…

41. Ponton v. Tabares 711 So. 2d 125 · 3D96-3067 · 3rd DCA 1998

    This opinion cites § 63.062 2 times: (1)(b)

    · cited by 9 in all courts

    …as follows: Parent means a woman who gives birth to a child and a man whose consent to the adoption of a child would be required under Florida Statute 63.062(1)(b). If a child has been legally adopted, the term "parent" means an adopted mother or father of the child. The term does not include an individual whose…

42. C.S. v. S.H. 671 So. 2d 260 · 4D95-4099 · 4th DCA 1996

    This opinion cites § 63.062 2 times, the section generally

    …of Chapter 63 relied on by the trial court, these provisions did not permit the trial court to waive HRS's consent to adoption as it did in this case. Section 63.062 addresses the consents required before a child may be legally adopted. Regarding children committed to HRS custody, subsection (4) specifically provides: If…

43. C.S. v. S.H. 671 So. 2d 260 · DCA95-4099 · District Court of Appeal 1996

    This opinion cites § 63.062 2 times, the section generally

    · cited by 35 in all courts

    …of Chapter 63 relied on by the trial court, these provisions did not permit the trial court to waive HRS’s consent to adoption as it did in this ease. Section 63.062 addresses the consents required before a child may be legally adopted. Regarding children committed to HRS custody, subsection (4) specifically provides: If…

44. Baby E.A.W. v. J.S.W. 647 So. 2d 918 · 4D93-3040 · 4th DCA 1994

    This opinion cites § 63.062 2 times: (1)(c), and the section generally

    …ad litem for E.A.W. Under section 63.052(1), Florida Statutes (1993), upon the entry of the placement order petitioners became her legal guardians. Section 63.062(1)(c), Florida Statutes (1993), expressly provides that only a child older than 12 years of age has standing to object to the adoption. In this case, E.A.W. did not…

45. G.W.B. v. J.S.W. 647 So. 2d 918 · DCA93-3040 · District Court of Appeal 1994

    This opinion cites § 63.062 2 times: (1)(c), and the section generally

    …ad litem for E.A.W. Under section 63.052(1), Florida Statutes (1993), upon the entry of the placement order petitioners became her legal guardians. Section 63.062(l)(c), Florida Statutes (1993), expressly provides that only a child older than 12 years of age has standing to object to the adoption. In this case, E.A.W. did not…

46. In re Guardianship of D.A. McW. 429 So. 2d 699 · 4D81-1568 · 4th DCA 1983

    This opinion cites § 63.062 2 times, the section generally

    · cited by 28 in all courts

    …ordered that the natural father be given notice of any adoption proceedings, this some eight years prior to the promulgation of notice provisions in section 63.062, Florida Statutes. In Brown v. Bray, 300 So.2d 668 (Fla. 1974), the supreme court, in upholding the constitutionality of chapter 742, found that the…

47. Matter of Adoption of Cottrill 388 So. 2d 302 · 3D79-2258 · 3rd DCA 1980

    This opinion cites § 63.062 2 times, the section generally

    · cited by 13 in all courts

    …[2] Because of the finality which attaches to adoption, the legislature has seen fit to authorize it only upon the giving of appropriate consents, Section 63.062, Florida Statutes (1977), or under circumstances where it can be said that the conduct or condition of the parent obviates the necessity of consent, Section…

48. In re Adoption of Mullenix 359 So. 2d 65 · 1DFF-321 · 1st DCA 1978

    This opinion cites § 63.062 2 times, the section generally

    · cited by 9 in all courts

    …has not been found to have abandoned the child nor to be an unfit parent. (See Turner v. Adoption of Turner, 352 So.2d 957 (Fla.1st DCA 1977)) F.S. 63.062, Florida Statutes 1975, requires as a condition precedent to adoption, the consent of the father of a minor child if: "1. the minor was conceived or born…

49. Department of Health & Rehabilitative Services v. Herzog 317 So. 2d 865 · 2D73-734 · 2nd DCA 1975

    This opinion cites § 63.062 2 times: (1), (1)(b)

    · cited by 7 in all courts

    …Judge, concur. NOTES [1] Presumably, in any effort to bring our adoption laws in line with these decisions, our legislature has recently amended § 63.062(1), (b), (4-5) effective July 1, 1975, to require notice to a putative father if he has acknowledged and supported the child.

50. Ashley Nicole Isabel Brito v. Jennifer Salas & Angel Giovanni Rivera v. Jennifer Salas SC2024-1184 · Florida Supreme Court 2025

    This opinion cites § 63.062 1 time: (1)(a)

    …Given the great significance of this action, unless excused by the court, a petition to adopt a minor requires the consent of the birth mother. § 63.062(1)(a), Fla. Stat. (2025). The very “Parenting Plan” form promulgated by this Court for use statewide in family law cases likewise provides for two parents: one…

51. I.T. v. in the Interest of: K.P.L. 2D21-0558 · 2nd DCA 2022

    This opinion cites § 63.062 1 time, the section generally

    …petition to adopt K.P.L. And although the court determined that I.T. was not entitled to notice of the petition for adoption pursuant to sections 63.062 and 63.088, Florida Statutes (2018), it did not take into consideration the potential 5 applicability of section 63.0425…

52. C.G. v. R.C. 1D18-4552 · 1st DCA 2019

    This opinion cites § 63.062 1 time, the section generally

    … determines by clear and convincing evidence, supported by written findings of fact, that each person whose consent to adoption is required under s. 63.062: 4 .... (e) Has been properly served notice of the proceeding in accordance with the requirements…

53. J.S.H. v. Department of Children & Families 268 So. 3d 186 · 2D17-5072 · 2nd DCA 2018

    Reversed & remanded This opinion cites § 63.062 1 time: (2)(b)1.

    Denial of the biological father's joinder reversed; he was entitled to an evidentiary hearing on standing under Kendrick despite the mother's intact marriage.

    …43 Fla. L. Weekly D273, D274 (Fla. June 28, 2018); Dep't of Health & Rehab. Servs. v. Privette, 617 So. 2d 305, 307 (Fla. 1993). 2See § 63.062(2)(b)(1), Fla. Stat. (2015). -2- Meanwhile, C.M. failed to appear, and the Department filed an affidavit…

54. Slowinski v. Sweeney 117 So. 3d 73 · 1D12-3925 · 1st DCA 2013

    This opinion cites § 63.062 1 time: (1)(b)1.

    · cited by 3 in all courts

    …v. Slowinski, Case No.2008 DR 001829 (4th Jud. Cir. Clay Cnty.). John Slowinski, the child’s parent as defined in sections 39.01(49), 61.13001(1)(d) and 63.062(1)(b)1., Florida Statutes, executed his consent and that consent was attached to the petition. § 751.03(8)-(9), Fla. Stat. On September 22, 2008, the trial court…

55. D.T.S. v. J.M. 33 So. 3d 106 · 1D09-4395 · 1st DCA 2010

    This opinion cites § 63.062 1 time: (1)

    …decision. See In re: Adoption of Baby E.A.W., 658 So.2d 961, 967 (Fla.1995). We affirm the father's remaining issues without comment. Section 63.062(1), Florida Statutes (2009), authorizes termination of parental rights pending adoption when the parents have executed written consent that complies with section…

56. M.A.F. v. E.J.S. 917 So. 2d 236 · 5D04-4130 · 5th DCA 2005

    This opinion cites § 63.062 1 time: (1)

    · cited by 8 in all courts

    …63, Florida Statutes, written consent of the biological parents is required before a petition to terminate parental rights pending adoption may be granted. § 63.062(1), Fla. Stat. (2004). Written consent may be waived or excused, however, if the court finds, by clear and convincing evidence, that the parent has abandoned the…

57. J.S. v. S.A. 912 So. 2d 650 · 4D05-156 · 4th DCA 2005

    This opinion cites § 63.062 1 time: (2)

    … The trial court did not rely on the adoptive parents' argument that the father's consent was not required under the recently enacted provisions of section 63.062(2), Florida Statutes (2004). Those provisions require an unmarried biological father to file a claim of paternity with the Florida Putative Father Registry…

58. J.S. v. S.A. 912 So. 2d 650 · 4D05-156-2 · 4th DCA 2005

    This opinion cites § 63.062 1 time: (2)

    · cited by 11 in all courts

    … . The trial court did not rely on the adoptive parents' argument that the father's consent was not required under the recently enacted provisions of section 63.062(2), Florida Statutes (2004). Those provisions require an unmarried biological father to file a claim of paternity with the Florida Putative Father Registry…

59. Amend. to Rules of App. Proc., Civ. Proc. 887 So. 2d 1090 · SC04-1139 · Florida Supreme Court 2004

    This opinion cites § 63.062 1 time, the section generally

    · cited by 9 in all courts

    …of a petition when *1155 (A) there is a request for a waiver of consent to a termination of parental rights of any person required to consent by section 63.062, Florida Statutes; (B) notice of the hearing on the petition to terminate parental rights pending adoption is not being afforded a person whose consent is…

60. I.B. v. Department of Children & Families 876 So. 2d 581 · 5D03-2480 · 5th DCA 2004

    Reversed & remanded This opinion cites § 63.062 1 time: (7)

    · cited by 18 in all courts

    Foster parents had standing to be heard, and the court must hold a best-interests hearing before moving the child to DCF-selected out-of-state relatives.

    …parental rights, unless a motion for change of venue is granted pursuant to s. 47.122. A copy of the consent executed by the department as required under s. 63.062(7) must be attached to the petition. The petition must be accompanied by a form provided by the department which details the social and medical history of the…

61. Perlow v. Berg-Perlow 875 So. 2d 383 · SC02-1317 · Florida Supreme Court 2004

    This opinion cites § 63.062 1 time, the section generally

    · cited by 105 in all courts

    … See J.B. v. Fla. Dep't of Children & Family Servs., 768 So.2d 1060, 1065 (Fla.2000). Parental rights may be terminated through adoption, see § 63.062, Fla. Stat. (2003), or the strict procedures outlined in the statutes governing the termination of parental rights. See § 39.801, Fla. Stat. (2003). In any…

62. J.L. v. G.L. 863 So. 2d 428 · 4D03-1999 · 4th DCA 2003

    Affirmed This opinion cites § 63.062 1 time: (1)(b)

    · cited by 1 in all courts

    Denial of post-termination child support affirmed because a father whose rights were terminated is no longer a legal parent obligated to pay support.

    …parents”). A parent is defined as: a woman who gives birth to a child and a man whose consent to the adoption of *430 the child would be required under s. 63.062(l)(b). If a child has been legally adopted, the term “parent” means the adoptive mother or father of the child. The term does not include an individual whose…

63. Y.H. v. F.L.H. 784 So. 2d 565 · 1D00-1832 · 1st DCA 2001

    This opinion cites § 63.062 1 time: (4)

    · cited by 19 in all courts

    …irrelevant. As such, he has no standing to intervene in a third-party adoption proceeding involving the child. Our holding is consistent with section 63.062(4), Florida Statutes (Supp.1992), which states that if parental rights to a minor have previously been terminated, then only the consent of the licensed…

64. S.D. v. A.G. 764 So. 2d 807 · 2D98-4794 · 2nd DCA 2000

    This opinion cites § 63.062 1 time, the section generally

    …with this court. [3] S.D. also attached to his petition to intervene an "acknowledgment of paternity," which states that it is executed pursuant to section 63.062, Florida Statutes (1997). That statute describes the people who are required to give consent for an adoption. This case clearly does not involve an adoption.…

65. S.D. v. A.G. 764 So. 2d 807 · 2D98-4794-2 · 2nd DCA 2000

    This opinion cites § 63.062 1 time, the section generally

    · cited by 12 in all courts

    …this court. . S.D. also attached to his petition to intervene an "acknowledgment of paternity,” which states that it is executed pursuant to section 63.062, Florida Statutes (1997). That statute describes the people who are required to give consent for an adoption. This case clearly does not involve an adoption.…

66. B.D.B. v. Wilson 735 So. 2d 523 · DCA97-03593 · District Court of Appeal 1999

    This opinion cites § 63.062 1 time, the section generally

    · cited by 12 in all courts

    …Wilson’s paternity. Wilson thereafter requested a paternity determination. 1 In 1997, B.D.B. married the mother and sought to adopt the child. Section 63.062, Florida Statutes (1997), governs our disposition of this case. This section provides that certain persons are required to give their consent before an…

67. G.T. v. Adoption of A.E.T. 725 So. 2d 404 · 4D98-2280 · 4th DCA 1999

    This opinion cites § 63.062 1 time: (1)

    · cited by 17 in all courts

    …was clear and convincing evidence that the father abandoned A.E.T., the court waived his consent to the adoption. The Florida Adoption Statute, Section 63.062(1) (1997), requires the written consent of both parents to an adoption unless consent is excused by the court. A parent's consent can be excused or "waived" by…

68. W.T.J. v. E.W.R. 721 So. 2d 723 · SC92161 · Florida Supreme Court 1998

    This opinion cites § 63.062 1 time, the section generally

    …Fla. Stat. (1995). A court may grant a petition for the adoption of a child born in lawful wedlock only after both natural parents have consented. See id. § 63.062. In certain instances, however, a court may excuse the required consent of a natural parent. See id. § 63.072. One such instance is when a natural parent…

69. W.T.J. v. E.W.R. 721 So. 2d 723 · SC92161-2 · Florida Supreme Court 1998

    This opinion cites § 63.062 1 time, the section generally

    · cited by 9 in all courts

    …Fla. Stat. (1995). A court may grant a petition for the adoption of a child born in lawful wedlock only after both natural parents have consented. See id. § 63.062. In certain instances, however, a court may excuse the required consent of a natural parent. See id. § 63.072. One such instance is when a natural parent…

70. O.A.H. v. R.L.A. 712 So. 2d 4 · 2D96-05015 · 2nd DCA 1998

    This opinion cites § 63.062 1 time, the section generally

    …issue between the parties. *5 E.P.A.'s current husband, R.L.A., filed this adoption proceeding in January 1995. E.P.A. consented to the adoption. See § 63.062, Fla. Stat. (1993). O.A.H. refused to consent. Thus, the adoption petition could only succeed if the court found that O.A.H. abandoned the child. See §…

71. O.A.H. v. R.L.A. 712 So. 2d 4 · 2D96-05015-2 · 2nd DCA 1998

    This opinion cites § 63.062 1 time, the section generally

    · cited by 15 in all courts

    …issue between the parties. *5 E.P.A’s current husband, R.L.A, filed this adoption proceeding in January 1995. E.P.A. consented to the adoption. See § 63.062, Fla. Stat. (1993). O.A.H. refused to consent. Thus, the adoption petition could only succeed if the court found that O.A.H. abandoned the child. See §…

72. Stefanos v. Rivera-Berrios 673 So. 2d 12 · SC85248 · Florida Supreme Court 1996

    This opinion cites § 63.062 1 time: (4)

    · cited by 31 in all courts

    …irrelevant. As such, he has no standing to intervene in a third-party adoption proceeding involving the child. Our holding is consistent with section 63.062(4), Florida Statutes (Supp.1992), which states that if parental rights to a minor have previously been terminated, then only the consent of the licensed…

73. Kent v. Burdick 573 So. 2d 61 · 1D90-916 · 1st DCA 1990

    This opinion cites § 63.062 1 time: (1)(b)

    · cited by 4 in all courts

    …adoption and this court reversed, holding that the circuit court erred in ruling that Kent's consent was not required under the adoption statute, section 63.062(1)(b), Florida Statutes. In the Interest of A.J.B., 548 So.2d 906 (Fla. 1st DCA 1989). On remand, Kent moved the circuit court to enter final judgment in…

74. In Interest of I.B.J. 497 So. 2d 1265 · 5D86-8 · 5th DCA 1986

    This opinion cites § 63.062 1 time: (3)

    · cited by 4 in all courts

    …(1985). Once the child is placed in the custody of the agency, the consent to adopt is executed by the agency and attached to the petition for adoption. § 63.062(3), Fla. Stat. (1985). Therefore, in an agency adoption the adoptive parents are not a party until after permanent commitment of the adoptive child. It is the…

75. Smith v. Moore 481 So. 2d 36 · DCAAV-240 · District Court of Appeal 1985

    This opinion cites § 63.062 1 time: (3)

    · cited by 2 in all courts

    …When there has been a performance agreement and an order of permanent commitment to HRS, the consent of the agency alone is sufficient for adoption, s. 63.062(3) Florida Statutes (1983). Under s. 39.41 of the Florida Statutes, the permanent order of commitment permanently deprives the natural parents of their rights to…

76. Webb v. Blancett 473 So. 2d 1376 · 5D84-1241 · 5th DCA 1985

    This opinion cites § 63.062 1 time: (1)

    · cited by 9 in all courts

    …by the evidence, but the statute requires more. Adoption, unknown to the common law, exists in Florida by virtue of Chapter 63, Florida Statutes. Section 63.062(1), Florida Statutes (1983) says: Unless consent is excused by the court, a petition to adopt a minor may be granted only if written consent has been executed…

77. Solomon v. McLucas 382 So. 2d 339 · 2D79-769 · 2nd DCA 1980

    This opinion cites § 63.062 1 time: (3)

    · cited by 26 in all courts

    …natural parents and their consents are not necessary in subsequent proceedings for adoption of the child so committed. § 39.41(4), Fla. Stat. (Supp. 1978); § 63.062(3) and § 63.072(2). Fla. Stat. (1977). [3] The rights of a natural parent may be terminated not only in a Chapter 63 adoption proceeding but in a proceeding…

78. Turner v. Adoption of Turner 352 So. 2d 957 · 1DFF-238 · 1st DCA 1977

    This opinion cites § 63.062 1 time, the section generally

    · cited by 16 in all courts

    …to the adoption and opposed it. In its final order, the trial court found from the evidence that there had not been a legal abandonment as required by § 63.062 and § 63.072, Florida Statutes; that termination of parental rights by adoption may only be done over the objection of a natural parent when there is a…

79. Amendments to Florida Supreme Court Approved FamiLy Law Forms—Stepparent Adoption Forms 870 So. 2d 791 · SC04-104 · Florida Supreme Court 2004

    Rule amendment This opinion cites § 63.062 4 times: (2), and the section generally

    · cited by 2 in all courts

    PER CURIAM. The 2003 Florida Legislature amended numerous statutes related to adoption, in- *792 eluding sections 63.022, 63.062, 63.082, 63.085, 63.087- 089, 63.102, 63.112, 63.122, 63.132, 63.142, and 63.182, Florida Statutes (2002). The 2003 Florida Legislature also created new laws…

80. In re Amendments to the Florida Supreme Court Approved Family Law Forms 205 So. 3d 1 · SC15-44-2 · Florida Supreme Court 2015

    Rule amendment This opinion cites § 63.062 3 times: (2), and the section generally

    · cited by 1 in all courts

    …before the birth of the minor child. For more information about consenting to adoption, you should refer to Chapter 63, Florida Statutes, and sections 63.062 - 63.082, Florida Statutes, in particular. This form should be typed or printed in black ink. It must be signed in the presence of a notary public or deputy…

81. In re Amendments to the Florida Supreme Court Approved Family Law Forms 173 So. 3d 19 · SC15-44 · Florida Supreme Court 2015

    Rule amendment This opinion cites § 63.062 3 times: (2), and the section generally

    · cited by 1 in all courts

    …before the birth of the minor child. For more information about consenting to adoption, you should refer to Chapter 63, Florida Statutes, and sections 63.062 - 63.082, Florida Statutes, in particular. This form should be typed or printed in black ink. It must be signed in the presence of a notary public or deputy…

82. Amendments to Approved Family Law Forms 20 So. 3d 173 · SC08-2058-2 · Florida Supreme Court 2009

    Rule amendment This opinion cites § 63.062 3 times: (2), and the section generally

    …before the birth of the minor child. For more information about consenting to adoption, you should refer to Chapter 63, Florida Statutes, and sections 63.062-63.082, Florida Statutes, in particular. This form should be typed or printed in black ink. It must be signed in the presence of a notary public or deputy…

83. Amendments to the Florida Family Law Rules of Procedure 833 So. 2d 682 · SC02-377-2 · Florida Supreme Court 2002

    Rule amendment This opinion cites § 63.062 3 times, the section generally

    …Worksheet. Rule 12.200 was amended to reflect statutory changes to the Florida Adoption Act. See ch.2001-3, §§ 13, 16-17, 20, 31, Laws of Fla. (amending §§ 63.062, 63.087, 63.088, 63.097, and 63.212, Fla. Stat. (2000)). The amendments to Florida Family Law Rules of Procedure Form 12.902(e) were made to reflect statutory…

84. Amendments to the Florida Family Law Rules of Procedure 824 So. 2d 95 · SC02-377 · Florida Supreme Court 2002

    Rule amendment This opinion cites § 63.062 2 times, the section generally

    · cited by 1 in all courts

    …revisions to the Florida Adoption Act, some of which require amendments to rule 12.200. See ch.2001-3, §§ 13, 16-17, 20, 31, Laws of Fla. (amending §§ 63.062, 63.087, 63.088, 63.097, and 63.212, Fla. Stat. (2001)). The Rules Committee filed the instant petition on an out-of-cycle basis because the statutory…

85. In re Amendments to the Florida Supreme Court Approved Family Law Forms-12.913(A)(3). 246 So. 3d 1131 · SC18-696 · Florida Supreme Court 2018

    Rule amendment This opinion cites § 63.062 1 time: (2)

    …the Department of Health within the required timeframes, and has complied with the requirements of section 63.062(2), Florida Statutes; and  Any person lawfully entitled to custody of the minor child if required by the court. The location of the person must…

86. In re Amendments to the Florida Family Law Rules of Procedure—2017 Regular-Cycle Report 227 So. 3d 115 · SC17-91 · Florida Supreme Court 2017

    Rule amendment This opinion cites § 63.062 1 time, the section generally

    · cited by 2 in all courts

    …when: (A) there is a request for a waiver of consent to a termination of parental rights of any person required to consent by section 63.062, Florida Statutes; (B) notice of the hearing on the petition to terminate parental rights pending adoption is not being afforded a person…

87. In re Amendments to the Florida Family Law Rules of Procedure 905 So. 2d 865 · SC04-1751 · Florida Supreme Court 2005

    Rule amendment This opinion cites § 63.062 1 time, the section generally

    · cited by 1 in all courts

    …filing of a petition when (A) there is a request for a waiver of consent to a termination of parental rights of any person required to consent by section 63.062, Florida Statutes; (B) notice of the hearing on the petition to terminate parental rights pending adoption is not being afforded a person whose consent is…

88. Amendments to the Florida Family Law Rules of Procedure 853 So. 2d 303 · SC03-60 · Florida Supreme Court 2003

    Rule amendment This opinion cites § 63.062 1 time, the section generally

    · cited by 2 in all courts

    …filing of a petition when (A) there is a request for a waiver of consent to a termination of parental rights of any person required to consent by section 63.062, Florida Statutes; (B) notice of the hearing on the petition to terminate parental rights pending adoption is not being afforded a person whose consent is…

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1. Rule 65C-16.005 Evaluation of Applicants. Implements

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1. CFOP 170-1 Florida Child Welfare Practice Model p. 19 (1)

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